In what was supposed to be a bail application by “Panga” Pastor Paseka “Mboro” Motsoeneng and his co-accused opened a can of worms.
The State brought an application before the Palm Ridge Magistrate’s Court seeking the recusal of Presiding Officer Katlego Mokoena, expressing concerns that she might not approach the case with impartiality.
Among the reasons advanced by the State was that she invited the defence team to her chambers in the absence of the State and allegedly informed them to “go and fix” the poorly-constructed affidavit before bringing an application on new facts.
Furthermore, she allegedly made inappropriate remarks to the prosecutor seized with the bail application that he was harsh towards the accused.
Lastly, on September 2, she enrolled the case brought by the applicants without the required documentation, namely a proper requisition that would have allowed her to entertain them and failed to probe why the applicants were before her with a new counsel and not the counsel on record.
“The State is of the view that the above mentioned circumstances brought her conduct into question as she had the opportunity to ventilate these aspects appropriately during the bail hearing, which is in its nature, inquisitorial and a fact finding mission. The State had to bring this application to ensure that this hearing proceeded with fairness and without bias.”
The court will deliver its judgment on Wednesday, said Phindi Mjonondwane, National Prosecuting Authority (NPA) Regional spokesperson - Gauteng Division.
Mokoena denied Mboro and his bodyguard, Vincent Baloyi, bail last month.
The case was delayed and only started late in the day, an act which led to Mboro’s legal team lambasting the court and accusing NPA of stalling. However, the authority dismissed the accusation, citing that the building owners had to grant access for the court to take place.
https://x.com/TheStar_news/status/1833100665020731829
Mboro’s attorney, Advocate MoAfrika wa Maila, criticised the court for its handling of the case, claiming his client is being mistreated.
He argued that the court is not managing the matter professionally and threatened to escalate the issue to the high court.
Maila also highlighted that their fees amount to approximately R100 000 per case, which he said has placed a financial strain on his client while he remains in custody.
Last month, Mboro, Baloyi, and his son, Revival Motsoeneng, used pangas and a rifle to intimidate staff at a Katlehong primary school, forcibly taking two learners from the premises.
One of the charges involves the rifle, which reports suggest might be fake.
The Star contacted Gauteng Provincial SAPS spokesperson Mavela Masondo, to confirm the status of the weapon.
“We have sent the rifle for ballistic analysis, and the results are not yet back. It is then that we would know if it's a real firearm or a replica,” Masondo said.
Outside court, a number of Incredible Happenings Church members chanted songs calling for the release of their leader, Mboro.
They wore T-shirts bearing his face, held placards calling for him to be released immediately. The gallery was also full of church members.
The Star